Proposition 207 is known as the Smart and Safe Act; the proposition calls for marijuana to be legalized for recreational use for adults 21 years old and older. The proposition allows possession of up to 1 ounce of marijuana, with no more than 5 grams being marijuana concentrate, and allows growing up to 6 marijuana plants in the home.

In addition, it designates the State Department of Health Services to set the rules for retail marijuana sales within the state by June 1, 2021. There will be a 16% tax on the sales, which will be split amongst state government agencies, which include the production of highways, community college districts, police departments, and fire departments.  Also, selling marijuana without a license is still illegal.

Although recreational use in Arizona is now legal, the proposition still allows for employers to adopt a “drug-free workplace.” Furthermore, the proposition does not permit marijuana in public spaces. So, if you choose to use marijuana, it is imperative to know the rules surrounding the new law.  The proposition also does not excuse you from driving while your ability to drive is impaired by the marijuana you ingest.

 Past and Pending Marijuana Possession Charges in Maricopa

The Maricopa County Attorney’s Office (MCAO) has indicated that it will dismiss all pending and unfiled charges of possession of marijuana and any associated paraphernalia charges. This will go into effect immediately. Additionally, MCAO has indicated that if a person has pending charges where possession of marijuana is the only charge, then the whole case will be dismissed. The dismissals will include any diversion or pending trial cases and those set for probation violations or sentencing hearings. MCAO will begin with cases already assigned court dates and those in custody.  It is unknown at this time whether other counties and jurisdictions within Arizona will follow suit.

Moreover, Proposition allows for any past marijuana cases to be expunged starting June 1, 2021. The charges will not be expunged by themselves.  You must either request expungement or hire an attorney and have the attorney apply to have the charges expunged.